South Australian Current Acts

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SUPREME COURT ACT 1935 - SECT 11

11—Acting judges and acting Associate Justices

        (1)         Where it appears necessary or desirable to do so in the interests of the administration of justice, the Governor may, subject to subsection (6)—

            (a)         appoint a person who is qualified for appointment as a puisne judge as an acting judge (either of the court or of the Court of Appeal); or

            (b)         appoint a person who is qualified for appointment as an Associate Justice as an acting Associate Justice.

        (1a)         A former judge or Associate Justice who has retired from office is eligible for appointment as an acting judge (of the court or of the Court of Appeal) or an acting Associate Justice.

        (1b)         An appointment under this section will be for a term not exceeding 12 months.

        (2)         The jurisdiction of the court is exercisable by an acting judge to the same extent as by a judge, and by an acting Associate Justice to the same extent as by an Associate Justice.

        (3)         An acting judge or acting Associate Justice has the same privileges and immunities as a judge or Associate Justice.

        (5)         An acting judge or an acting Associate Justice may, notwithstanding the expiration of the period of his appointment, complete the hearing of any proceedings part-heard by him before the expiration of that period and, in relation to any such proceedings, shall be deemed to continue as an acting judge, or acting Associate Justice.

        (6)         A District Court Judge or a Deputy President of the South Australian Civil and Administrative Tribunal or of the South Australian Employment Tribunal may not be appointed as an acting judge under subsection (1) except on the recommendation of the Chief Justice made with the concurrence of the Chief Judge of the District Court or of the President of the relevant Tribunal (as the case requires).



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